The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-08-18


| States Cirucit Court of this district inyolv-
| ing the right of this commission to examine
| witnesses concerning the payment of money
to influence legislation. AS we are under
| your immediate direction, We respectfully
request your judgment as to whether or not
we should employ counsel to assist the Dis
trict attorney. sour Judgment is We should
Please answer"
THE ARGUMENTS CoAMKNoED.
Arguments were commenced to-day
before Supreme Justice Field and
Judges Sawyer, Hoffman and Sabin in
the United States Circuit Court, in the
case of the petition of the Pacific Rail
road Commission, asking that Senator
Leland Stanford be required to show
cause why he should not be compelled
to answer certain questions of the COM
mission, regarding the expenditure of
funds for the purpose of in
Auencing legislation. United States
Attorney Carey maintained that
the answer of Leland Stanford,
which was filed yesterday, was made
quate, and that the question to be
settled by the court, was whether Con-
gress itself had any right to examine
into the affairs of the company. He
argued that the act of Congress creating
the commission called for an entire
expose of the company's, doings in
order that it might be ascertained If any
of the earnings of the company had
been used wrongfully.
Counsel for the railroads said the
ground upon which the company stood
was that the inquiry of the railway
commission is an uncalled for, unjust
and unprincipled inquisition into
the private affairs of a pri-
vate corporation, and the court
to compel the president of the road to
answer. Counsel continued: 1--WE do
not fall back on the right of Senator
Stanford to refuse to answer on the
ground that he would criminate him.
self. We do not say that any crimi-
nality would be exposed if he answered
truly. Our refusal rests on the ques-
ton of human rights. To hold this star
chamber investigation, to act as they
have undertaken to act, is to undermine
the principles of civilized nations, and
to revert to the ways of barbarism."
"You mean to say, then, that the
work of the Commission is unconstitu-
tional," asked Judge Hoffman.
Exactly, said counsel, but when the
| Commissioners confined their inquiry
! to subjects of popular interest, aud did
not pry into private matters, the in
formation they desired was freely
| furnished"
Justice Field made an order allowing
both parties until Monday to file briefs.
D. o. MILLS,
of New York, formerly banker at
Sacramento, testified before the Pacific
Railroad Commission, to-day, that he
had a general knowledge of the affairs
of the Central Pacific during the con-
struction of the road, and had
overtures made him to take
an interest in the construction
companies. He said, he declined.
because of doubttulness of its success,
and the apparent inability of contractors
to carry out the scheme. Witness also
stated that IN 1873 he was offered con-
trolling interest in the Central Pacific,
consisting of so per cent. of the stock in
all the corporations connected with the
road. He was offered this interest, he
said, for 100000, but declined, be-
cause he did not agree in the particulars
of the bargain, and was also deferred by
the attitude of the government.
Richard T. Stevens, the commissioners
accountant, testified that
MANY BOOKS WERE MISSING
for which he had asked, and
also vouchers on which large sums
of money had been paid by Stanford
and Crocker. He referred especially to
voucher of $18, 600 paid to Croker for
back salary, for which he could find no
authorization,
George B. B. Hayes, counsel for Mrs.
Ellen NJ. Cation in the case of Gallon
vs.. Stanford, ct al, appeared with cor
| respondence between G. P. Huntington
and d. D. Cation. which the Commits
sion had previously requested to have
produced, but an Injunction, issued by
the United States Circuit Court, was
served on Hayes immediately, restrain
ing him from producing the correspond
ence.
The Country Safe.